United States Court of
Appeals for the Ninth Circuit
No:
15-15015
SONG, WENFO
Plaintiff-Appellant
Vs:
BARACK OBAMA
Defendant-Appellee
On Appeal from United
States District Court for the Eastern District of California
No: 2:14-cv-1322-TLN-DAD
Troy L. Nunley
1. Facts:
I came here to pursue happiness and safety-more freedom and
better life not to sue OBAMA. If OBAMA does not want to give me justice and is
incompetent to protect my safety, why not let me go? On the contrary, OBAMA has
not protected me but conspired with Lee Hsien Loong to put me in jail for more
than 279 days and used enhanced torture techniques to torture and persecute me
every day since June/05/2013.
Here I list some facts as follows:
1) From four departments, such as DOS, DHS, DOJ and DOD,
please see my Affidavit-1 “Notice of Civil Claim”.
In addition:
a. ICE should provide necessity to all inmates and is
responsible for my harm and mistreatments in jail. I wrote my official complaint
letters to DHS OIG HOTLINE officially four times and called its Hotline almost
every weekday since Nov/27/13 to ask for help, but DHS just ignored me;
b. The Federal law forbids reprisal by any Federal employee
against a person who makes a complaint or discloses information. If I did my
journal to record details what happened to me in jail or criticized my
Immigration Judge-Tammy Fitting or ICE in jail, ICE hired its contractors-GEO,
Talton Communications, and some inmates to torture and persecute me in jail.
2) From district Court and judges:
Supposed courts are a holy place to uphold justice. However,
now America courts and judges are part of the problems. Please see Affidavit-2 “Objections
to Magistrate’s Finding and Recommendations” filed in district court on
Oct/22/2014.
In addition:
a. Psychological violence: The judge deliberated inflicting
my emotional distress from two points: one is case number: 2:14-CV-1322-TLN-DAD
(want you to die). As my understanding it should be 14-cv-1322-TLN-DAD; another
is order date: Jul/24/14 (you die). In my complaint, I say clearly about such
violence, he knew that and did it.
b. Defamation: He ordered my “Status Conference” on
Oct/10/2014 when is the “World Mental Health” day. I say clearly in my
complaint that “It is conspiracy among three evil governments.” However, he had
such defamation baseless.
c. Reprisal: Based on “Code of judicial conduct” 2.4 (A): A
judge should not be swayed by public clamor or fear of criticism. However, the
judges, namely Dale Drozd and Troy Numley hired local goons insidiously to
retaliate me. For example, on Oct/24/2014, a so-called Marshall named Joe with
phone number 916-930-2041 called me to slander me that “I am dangerous to judge
Dale Drozd” and threatened me that “He can come to my building to get me
anytime.” Moreover, on Jan/05/2015, someone used a stone to hit my door and put
messy stuff in front of my door (I took the picture and had witnesses) after I
filed my “Notice of Appeal” on the same day; in addition, I have countless
experiences of tortures and persecutions. How to link to them? I do not have
direct proofs but I have reasonable doubt. Moreover, the court clerk named Kastilahn
A retaliated me that “She can get my financial statement from ‘Public record’”
when I wanted to supply the affidavit of financial statement requested by the
“Motion for permission to appeal in Forma Pauperis” on Jan/05/2015. I believe
that financial statement is strictly private and confidential. So, why she said
to get it from “Public record”? It means “I am either under FBI watch or wanted
by FBI”. But actually I am not.
3) From court reporter and its contractor-Petrilla Reporting
&Transcription about my transcript:
I received this transcript from Petrilla Reporting &Transcription
(located at 5002-61st St, Sacramento, CA 95814) on Jan/22/2015. From the transcript I have other startle
discoveries as follows:
a) The court reporter-Jonathan Anderson changed my order
without my consent on:
i). File No: from 2:14-CV-1322-TLN-DAD to
14-CV-1322-TLN-DAD; ii). Time: from 14 days to 30 days. After I disagreed, then
Patricia changed it; iii). Quantity: I ordered Original, First copy and
Additional Copy but I received only one copy.
b) Let’s see the transcript itself:
i) Idiot judge or perjury judge?
From page 1, court said “I’m having a difficult time
deciphering exactly what the claims of the complaint are…” In my “Notice of
Civil Claim”, I say clearly I want “Relief Sought”, why? Moreover, court said
“I will tell you how this case should be proceed” and “address your request for
an immediate scheduling order” but he dismissed my case with ridiculous reason
“Without a good cause”. In addition, court said “I understand your concern”.
Did he? I told him “I have become a ‘Public enemy’” and “My life is at risk”,
if he really concerns me, he should give me a peace offering/settlement.
ii) Bad intent of Court: Only on Oct/10/2014, Judge told me
that “You can get a pro se litigant manual”. If this court is really a holy
place to uphold justice, this court should give me that at the beginning, but
it misled me. After I got that manual and prepared to re-serve again, Judge
gave me the order to dismiss my case within one week.
iii) Deception: the Judge deceived me, such as, no
interpreter for civil case, no lawyer referral for civil case and no library etc
(See Affidavit-2 “Objections to Magistrate’s Finding and Recommendations”)
iv) Omission/
Negligence:
I said “I do go to ABA, California Bar, SF-Bar, Sac-Bar, SF-Legal Aid, and
Sac-Legal Aid, why they omitted that?
v) Twisting/Changing my statements: “un-defaulted” (?), “she
content (?)”, “speak at (?)”, “offendee (?)” “Privacy issue (?)”, “prefer event
(?)”
vi) Obstruction of justice: There are so many district
judges and magistrate judges in this court. This transcript is between Dale
Drozd and me, why they did not want to type the judge name but “The Court”
because they worry that one day maybe I will disclose to the public? So, they
wanted to protect Dale Drozd’s reputation. If Dale Drozd did the right thing,
what is he worrying about?
Now I quoted my two statements as follows:
Song: “I can. However, I have become a ‘public enemy’. If I
go to Internet to search materials, the computer hackers will fabricate the
fake websites to fool me; if I go to library to borrow the books, someone will
edit the key contents to mislead me.”
Song: “My health and well-being are at risk. Moreover, I
can’t work. In addition, my money is going to run out soon. And I wrote two
requests and motions to you, but I have not received your any response.”
c) On Feb/09/2015, I went to 9th Circuit to get the “General
Docket” printout and found out that district court reordered my transcript
again on 2/4/2015 (I ordered on Jan/12/2015) without my understanding and knowledge.
d) Counter accusation: Finally Patricia counter accused me:
due to my very heavy accent. So, why not give me an interpreter?
So, this transcript is re-sequenced/edited either by
Patricia or by Mr. Anderson. Who are behind the scenes? Dale Drozd, Troy
Nunley, OBAMA/Lee Hsien Loong.
4) From my attorneys:
Based on simple rule of ABA: An attorney should represent
the best client’s interest. However, my attorneys have represented Lee Hsien
Loong/OBAMA’s interests and their own interests.
a. Erica Schommer (Rios &Cruz):
Here I just list one fact. After I got release, it is her
job to file a “Motion to Change venue”, however, she deceived me that “It is
court’s job to do that.”
b. Alison Pennington (ALC):
She abused her professional ethics to fool me, hid the truth
and delayed my proceedings intentionally. For example, on Apr/21/2014, she
filed a motion to court, after I received such paper from Erica Schommer and
found out that “there are so many mistakes on this paper”. She covered up
clumsily to say “typo”.
c. Jenny Zhao (ALC):
If she really wants to uphold justice for her client, she
should try her best to investigate the facts and collect all the necessary
evidence and apply the legal arguments for me. However, she advised me to stay
here on “Mental illness” ground while I told her clearly “that’s conspiracy
among three evil governments.” That’s why I fired her on Dec/16/2014.
Moreover, on Dec/22/2014, I received a package from her and found
out more about my Immigration Judge-Tammy Fitting’s abuse, perjury and
obstruction of justice.
i) Motion to Advance: From this paper, I found out at least
two things:
A) Destroyed evidence: Tammy Fitting destroyed all the
contents of this motion.
On Jul/12/2013 about 8:00am, an attorney named Tim (?) from
NIRP Tacoma Office visited me suddenly. I told him my situation. “It is very
tricky.” he said. “Ok, let me go.” (When I heard the word “tricky” I knew what
he meant. How can I play trick with US government because US government has
NSA, CIA, FBI, Pentagon, Secret Service and etc but I have nothing?) Then he
gave me such prepared paper “MOTION TO ADVANCE” and said “Write down your
reason of ‘Voluntary Departure’ and submit it to Immigration Judge and ICE
each. I will send email to them too.”
On Jul/12/2013 about 3:30pm, I received the denial paper
from Tammy Fitting.
On Jul/16/2013, I submitted this motion to Immigration Judge
and ICE.
B) Fabricated fake evidence: She imitated my hand writing to
cover up the destroyed evidence and the denial of this motion with ridiculous
reason “No earlier dates available” on Jul/19/2013. If people disbelieve,
simple, ask the FBI Forensic to analyze the hand writing of my name and A
number underlined with my hand writing “Why empty?”
Maybe Tammy Fitting did not do it but the clerk of Tacoma
Immigration Court did it. However, I believe she is behind the scene.
ii) Transcript:
A. Missing documents:
Either the clerk of Tacoma Immigration Court deliberated missing
or Tammy Fitting asked her/him to do so on the following documents to Jenny
Zhao to fool her:
Custody Re-determination Hearing on Jun/17/2013; Asylum-Only
Hearing on Jan/16/2014 because on that date I asked Tammy Fitting some burning
questions which she did not have courage to answer; A Bond Hearing scheduled by
DHA on Feb/25/2014; and Asylum-Only Hearing on Feb/27/2014.
B. Re-sequenced/edited my transcripts:
My transcripts were re-sequenced/edited by someone. Here I
give one example, on Aug/20/2013, Tammy Fitting asked me irrelevant question:
“Do you read and write in Chinese?” This question and my answer were deleted;
moreover, she also said: “I do not have much power to decide your case.” But it
was edited to “The Court has not conducted a hearing and issued a decision.”
See, it is apparently political motivated. Based on “Code of
judicial conduct”: A judge is independent after appointed. Why she said “I do
not have much power to decide your case”? Moreover, she had conducted so many
hearings but she still said “The Court has not conducted a hearing.” What the
hell was she talking about?
I believe Tammy Fitting, Eric Holder, Lee Hsien Loong/OBAMA
are behind the scenes to re-sequence/edit my transcripts.
C. Humiliation:
Tammy Fitting humiliated me in the transcript on Oct/30/2013
that “in a semi-shouting mode and semi-angry in his demeanor”.
Yes, I did cross my arms to defend myself but I did neither behave
in semi-shouting mode nor in semi-angry mode.
5) From the whole nation: I have become a “Public enemy”.
Without government getting involved behind, who can turn
me-a law-abiding and well-behaving anytime and anywhere good citizen into a
“Public Enemy”? OBAMA has conspired with his evil ally-Lee Hsien Loong to abuse
their authorities, resources, and networks to torture and persecute me. All is
helping to cover up and all wants to crucify me. Too much to talk, I just list
some as follows:
a. McAfee: I purchased its “Total Protection” program on Apr/25/2014.
It is its job to protect my computer security. However, it has played politics.
My computer activities are hacked/manipulated all the time, from FB postings,
online postings, online comments, Google search and email transactions, and
etc. I called it many times but its reps told me “unwanted programs are virus
and beyond its protection” and asked me to pay extra dollars.
b. Boost Mobile: It is Boost’s responsibility to tell
consumers clearly before purchase. However, its sale reps deceived me. Moreover,
it is Boost’s responsibility to protect customers and to make its services
function properly. The outrage was:
after problems happened, I called them to resolve, its reps covered up lousily,
even from its regulatory officer of Sprint Veronica B.
c. AT&T: The same as Boost Mobile, my incoming calls,
outgoing calls, and SMS and etc, are intercepted/manipulated by third parties
and AT&T knows that.
d. US Postal Service: My every certified mail to OBAMA is
delayed, not just one or two days but many days some even more than 10 days.
e. CPUC: After I complained to California Public Utility
Commission about Boost poor service, the so-called officer named Elpidio
Morales said “I am satisfied with solution” and “He is going to close my file”.
What the hell was he talking about? I am not satisfied at all. And he did not
conduct any investigation but just closed my file. That’s why Boost Mobile
could run so wild and so rampant.
f. FDA: I filed my complaint to FDA. It said “FDA does not
have jurisdiction over retail establishments such as grocery stores and
restaurants”.
g. FBI and Sac-PD: I reported my incidents to FBI and
Sacramento Police, but they have thwarted to investigate. Here I give you one
recent example. On Feb/18/2015 (the eve of Chinese New Year) afternoon, one
lady hit me with her car. I called 911 to report this “Hit& Run”. The
patrol officer did not wanted to give me a report. The outrage was: he counter
accused me “Why you have bruise and swollen right leg because you kicked her
car? She can sue you ‘Vandalism’”. OMG, I took a deep breath and said “Well, if
she wants to sue me, go ahead. I like to listen to her story.” “I do not think
so she is going to call Police. Maybe she got scared.” He said and left.
h. Medical: i) Doctors: Doctors’ key jobs are care patients
and save patients. But they have worked as another political weapon for
OBAMA/Lee Hsien Loong. From Dr. Narinder Dhaliwai’s hiding the truth and
fabricating the colon and prostate cancers screening to threaten me to Dr.
Antoine Dipsia’s arrogance to Dr. Li Li’s cover up and deception; ii)
Pharmacies: Pharmacists have worked together with local goons to put unknown
drugs to my meal and drink every day; iii) The dentist from Crystal Dental
misdiagnosed my oral surgery to scare me; iv) Quest Diagnostics Inc. has
fabricated some test results to manipulate/fool me.
i. My life has been paralyzed, from big issues to small
things. Here I give another example, my laundry. The computer hacker can hack to
my laundry card and laundry machines more than three times.
j. Local busted restaurants/groceries have put unknown drugs
to my meal/drink/groceries, such as Oriental Restaurant located at 1107 Market
St, San Francisco to cause me have a loose bowel more than 11 times on 5/4/2014.
Enough is enough!
2. What the originating court decided:
The district judge-Troy Nunley dismissed my complaint
entered on Dec/16/2014.
3. The issues in your appeal:
1) Get a fair and timely hearing
2) Get “Relief Sought”
a. End long-term joint-tortures and joint-persecutions
b. Pay reasonable redress to my serious personal injuries
and damages
4. The legal arguments you wish to present:
Again, too much to talk, here I list some and their key
points:
1) Please see Affidavit-1 “Notice of Civil Claim”.
2) The judges, Dale Drozd and Troy Nunley misapplied the
standard of R 4(m) to dismiss my complaint with ridiculous reason “without good
faith”.
1st, it is district court misled me that “I am an
attorney.” So, I can serve to defendant
myself and I did serve the summons, complaint and all related documents to
OBAMA on time; 2nd, from the “Simple guide” given by court. It says
“The court will serve the summons to all defendants”; 3rd, from the
summons itself issued by court, it says “OBAMA, you are requested to serve to
Song within 60 days”. So, I have been waiting for the answer from OBAMA until
now; 4th, I did beg the court to find a credible and capable lawyer
for me, but the district court just ignored me; 5th, even during the
“Status Conference”, I asked the judge Dale Drozd again “Please help me to find
a credible and capable lawyer for me.” But he lied to me “No lawyer for civil
case” and asked me to go to counter to get pro se manual; 6th, after
I got that manual, I prepared to re-serve again, Dale Drozd just dismissed my
complaint within one week immediately 7th, Dale Drozd used my honest
statements and frustration as a reason to dismiss my complaint; 8th,
based on Federal Tort Claims Acts: The Complaint should be resolved within six
months. If Dale Drozd is competent and really follows the federal rules, he
should try his best to accomplish that. I filed two requests and motions to
demand “Trial Schedule”. He just ignored me but ordered the “Status Conference”
on Oct/10/2014 intentionally later than 120 days, then used that as another
excuse to dismiss my complaint.
3) After I received the “Order and Findings and Recommendations”
on Oct/20/2014, I filed an “Objections to Magistrate Judge’s Findings and
Recommendations” on Oct/22/2014 immediately and begged the judge again to find
a credible and capable lawyer for me; if not, please tell me what’s the exactly
good service; or give me reasonable time to re-serve again because I am not an
attorney and I have zero experience about America federal court and local court.
Let’s see the R 4(m) again: “But if the
plaintiff shows good cause for the failure, the court must extend the time for
service for an appropriate period”. On Dec/08/2014, I filed to district
court again (See Affidavit-3) to demand an answer, but he abused an error
standard of R 4 (m) again to order and adjudge the decision. Therefore, the
order entered on Dec/16/2014 is not only just an error, but also it is biased,
perjury, political consideration, possible insidious corruption, obstruction of
justice and conspiracy.
4) Torts:
a. False imprisonment
It is a restraint of a person in a bounded area without justification
or consent. False imprisonment is a common-law felony and a tort. It applies to
private as well as governmental detention. When it comes to public police, the
proving of false imprisonment is sufficient to obtain a writ of habeas corpus.
America government put me in jail for more than 279 days
without any knowledge, any lawyer, and any contact with the outside world.
b. Intentional infliction of emotional distress
It is a tort claim of recent origin for intentional conduct
that results in extreme emotional distress. Some courts and commentators have
substituted mental for emotional, but the tort is the same. Some jurisdictions
refer to it as the tort of outrage.
The extreme and outrageous conduct of America government and
its evil ally-Singapore government is heinous and beyond the standards of
civilized decency or utterly intolerable in a civilized society because two
governments know that I am vulnerable (Asian ethics and GLBT minority) and they
have power.
c. Assault
In common law, assault is the tort of acting intentionally
that is with either general or specific intent, causing the reasonable
apprehension of an immediate harmful or offensive contact.
Two governments have resources and networks. They hire local
goons to enter my room freely to do whatever they want and local busted
restaurants/groceries to add unknown drugs to my food/drink with the help of
doctors/pharmacists.
d. Trespass to the person
Any intentional and unpermitted contact with the plaintiff's
person.
The local goons enter my room freely not only to spy me,
steal my property, but also deprive my right of food and sleep. They use either
injection or drugs to make me totally unconsciousness to molest me.
e. Defamation
It is also calumny, vilification, and traducement—is the
communication of a false statement that harms the reputation of an individual
person, business, product, group, government, religion, or nation as well as
other various kinds of defamation that retaliate against groundless criticism.
I cannot “To be myself” and “Follow my heart” and have my
own character and principle. Otherwise, they slander me “I have mental illness”
in despicable ways.
f. Conspiracy
OBAMA and his co-conspirator-Lee Hsien Loong have conspired
to implement Lee Hsien Loong’s Ponzi scheme, soft dictatorship and death
installment plan to force me to the dead-end.
5) Amendment I:
It prohibits the making of any law respecting an
establishment of religion, impeding the free exercise of religion, abridging
the freedom of speech, infringing on the freedom of the press, interfering with
the right to peaceably assemble or prohibiting the petitioning for a
governmental redress of grievances.
a. Freedom of speech
OBAMA and his evil ally-Lee Hsien Loong have broken this law
to hire the computer hackers to deprive my right of free speech.
b. Petition for a governmental redress of grievances:
I filed my complaint to the district court on May/30/2014.
The judge named Dale Drozd and Troy Nunley deprived of my right and dismissed
my complaint with ridiculous reason “without a good faith”.
6) Amendment V:
No person shall be deprived of life, liberty, or property,
without due process of law.
a. America government put me in jail for more than 279 days without
due process of law;
b. My life of “Not to be killed” and “Not to be injured or
abused” are deprived of by OBAMA/Lee Hsien Loong;
c. My personal liberty, such as, “To communicate with the
world” and “To express or publish one's opinions or those of others” are
deprived of by OBAMA/Lee Hsien Loong;
7) Amendment VII:
In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise re-examined in any Court of the United
States, than according to the rules of the common law.
I demand jury trial for my personal injuries and damages
from my “Civil cover sheet”. But the judge Dale Drozd deprived of my right.
8) Amendment VIII:
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
I have doing nothing wrong but promoted universal human
rights and American values, however, I have experienced cruel and unusual
punishments hired by OBAMA/Lee Hsien Loong every day since June/05/2013.
9) UN Convention against Torture:
Torture is absolutely prohibited.
Why I reinforce this legal argument again here? Because
OBAMA and his evil ally-Lee Hsien Loong have hired computer hackers, medical
scumbag-doctors and pharmacists, local busted restaurants and groceries, and
local goons to torture and persecute me every day since June/05/2013.
10) Worth of victim:
When I read the news and knew that Police charged House
Speaker John Boehner’s bartender. I am glad that he is unharmed and safe.
However, I believe that I am also entitled to be protected by Police because in
front of law everyone is equal instead of “Worth of victim”. My incidents have
happened not just one day, one month but more than 605 days. Police
discriminate me.
11) Federal Employer’s Liability:
Federal employers, such as, FDA, DHS and Police should
perform their duties to enforce the law and order and keep country safe.
If life and liberty are themselves unalienable rights, so
must be its essence, safety and happiness. It is also clear from these truths
that government obtains its power to govern from the consent of the governed
and that the people consent to give that power to a government for the sole
purpose of having that government protect their safety and happiness. It is
also a fundamental truth that when the people give their consent to the
government to govern them, they have entrusted that government with the
protection of their safety and happiness.
If my safety is not a DHS’s matter, not a FDA’s matter, not
a Police’s matter. It is OBAMA’s matter. Otherwise, he is incompetent to
perform this essential job.
However, they know the laws but they break the laws for the
conspiracy.
12) Product Liability Act:
The Model Product Liability Act provides legislators with
core product liability provisions reflecting the best practices of the
states.
I believe McAfee, Boost Mobile, AT&T, and US Postal
Service should hold accountable for their product/service malfunction and
security breach against me.
13) Retaliation/Reprisal:
Federal law forbids retaliation or reprisal by any Federal
employee against a person who makes a complaint or disclose information.
However, OBAMA has conspired with his evil ally-Lee Hsien Loong to hire local
goons and Federal agencies’ contractors etc to retaliate me.
14) Color of law abuses:
Preventing abuse of tyrant government, however, is equally
necessary to the health of America healthy democracy. That’s why it’s a federal
crime for anyone acting under “color of law” willfully to deprive or conspire
to deprive a person of a right protected by the Constitution or U.S. law.
“Color of law” simply means that the person is using authority given to him or
her by a local, state, or federal government agency.
I have reported my incidents to DHG HIG HOTLINE, FDA, FBI
and Sacramento Police for my “False arrest and fabrication of evidence”, “Failure
to keep from harm”, “Home invasion”, “Food poison”, “Sexual assaults”,
“Excessive force” and “Deprivation of property”, they just ignore those. If
those are not the DHS’s matter, not FDA’s matter, not Police’s matter, but are
OBAMA’S matter.
15) Code of judicial Conduct:
a. Code of judicial conduct-Canon 1: A judge should uphold
and promote the independency, integrity and impartiality of judiciary.
But judges Tammy L. Fitting, Dale A. Drozd, and Troy Nunley
are biased, perjury, and obstruction of justice.
b. Code of judicial conduct-2.4 (A): A judge should not be
swayed by public clamor or fear of criticism.
However, Tammy L. Fitting, Dale A. Drozd, and Troy Nunley have
hired local goons, busted groceries/restaurants to retaliate me, such as,
annoying, tail, harassment, torture and persecution etc.
16) Voluntary Departure:
Based on Asylum law: anyone can claim asylum and withdraw
the application anytime.
I was misled by Joe Biden’s statement in public that “Chen Guangcheng’s
(a blind human rights defender in China) future is in America”. After I was put
in jail, I sudden realized that “America government is not what I imagined”.
Then I applied “Voluntary Departure” many times in verbal and writing. But
Tammy Fitting just ignored me and defied me “We just want to torture and
persecute you, see, what you would do?”
To save OBAMA’s face, I have not sued him in criminal court
but in civil court. However, I believe “Home Invasion”, “Food Poison”, “Death
Threatening”, “Sexual assault” and “Torture” are crimes.
5. A statement of what you want this Court to do:
My constitutional rights are disregarded by wicked, cruel
and unjust even I do not have basic rights of food, sleep and water. The order
entered on Dec/16/2014 is not just an error, but it is biased, perjury, political
consideration, possible insidious corruption, miscarriage of justice, obstruction
of justice and conspiracy. The district court and judges dismissed my complaint
without reaching the merits of the constitutional claims and without conducting
an evidentiary hearing. The order
should be reversed.
Dated: Feb/27/2015 Respectfully submitted:
Song, Wenfo
